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� DEED �OF TRUST � 0�.10 4 3 9 G
<br />Loan No: 113757 (Co tinued)
<br />Page 5
<br />evidence of title in connection with sale, Trustee shlall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) ail other sums then secured hereby, and (liil the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law pos�pone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each o�f them, shall be entitled to enforce payment and performance of any
<br />indebtadness or obligations secured by this Daed of Trust a d to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or undar any o her agreement or any laws now or hereafter in force; notwithstending,
<br />some or ali of such indebtedness and obligations sacured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by martgage, deed of trust, pledge, lien, assignment or othe wise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale o other powers contained in this Deed of Trust, shali prajudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or nforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee end Lender, and each of them, sh II be entitied to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manne as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is ntended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shail be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. E ery power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lendar or to which either of them may be other ise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed axpedient by Trustee or Lendar, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shell be canstrued es prohibiti g Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender o pursue any remedy shall not excluda pursuit of any other remedy, and
<br />an election to make expenditures or to take action to parFor an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lende , hereby requests that a copy of any Notice of Default end a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at he addresses set forth in the first paragraph of this Deed of Trust.
<br />Expenses. If Lender institutes any suit or ection to enforce ny of the terms ot this Deed of Trust, Lender shall be entitled to recover
<br />such sum as the court may adjudge reasonable. Whether or not any court action is involved, and to the extent nbt prohibited by law,
<br />all reasonable expenses Lender incurs that in Lender's opi ion are necessary at any time for the protection of its interest or the
<br />enforcement of its rights shall becoma a part of the Indebted ass payable on demand and shall bear interest at the Note rate from the
<br />date of the expenditure until repaid. Expenses covered by his paragraph include, without limitation, however subject to eny limits
<br />under applicable law, Lender's expenses for bankruptcy pr ceedings (including efforts to modify or vacate any automatic stay or
<br />injunctionl, appeals, end any enticipated post-judgment co lection services, the cost of searching records, obtaining title reports
<br />(including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted
<br />by applicable law. Trustor also will pay any court costs, in a�idition to all other sums provided by law.
<br />Rights af Trustee. Trustee shall hava all of the rights and d
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following pr�
<br />Deed of Trust:
<br />of Lender as set forth in this section.
<br />relating to the powers and obligations of Trustee are part of this
<br />Powers of Trustee. In addition to all powers of Trustee arisi g as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written reque t of Lender and Trustor: (a) join in preparing and filing a map ar plat of
<br />the Real Property, including the dedication of streets or oth r rights to the public; ib) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordi ation or other agreement affecting this Deed of Trust or the interest of
<br />Lender undar this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for rustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, t e Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in ei her case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from t me to time appoint a successor Trustee to any Trustee eppointed under
<br />this Deed of Trust by en instrument executed and ecknowle ged by Lender and recorded in the office of the recorder of Hall County,
<br />Stete of Nebraska. The instrument shall contain, in additi � n to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and pege (or comput r system refarence) where this Deed of Trust is recorded, and the name
<br />and address of the succassor trustee, and the instrument sh II be executed end acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor tru tee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed f Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other pravisions for substi ution.
<br />NOTICES. Any notice required to be given under this Dead of rust, Including without limitation any notice of defeult and any notfce of
<br />sale shall be given in writing, and shall be effective when actu Ily delivered, when actually received by telefacsimile (unless otherwise
<br />required by law►, when deposited with a nationally recognized ov rnight courier, or, if mailed, when deposited in the United States maii, as
<br />first class, certified or registered mail postage prepaid, directed to the addresaes shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien whic has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any parry mey change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at all tfines of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />then one Trustor, any notice given by Lender to any Trustor is de med to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous proi'visions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Relat d Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to e cherged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other han Trustor's residence, Trustor shail furnish to Lender, upon request, a
<br />certified statement af net operating Income received from th Property during Trustor's previous fiscal year in such form and deteil as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures mede in
<br />connection with the operation of the Properiy.
<br />Caption Headings. Caption headings in this Deed of Trust re for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust. '
<br />Merger. There shell be no merger of the interest or estat created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in a y capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law appflcable to Lender and, to the extent not preempted by federal
<br />law, the laws of the Stete of Nebreska wlthout regard to i�s conflicts of law provisions. This Deed of Trust hes been accepted by
<br />Lender in the State of Nebraska.
<br />Joint and Several Liabllity. All obligations of Borrower F
<br />references to Trustor shali mean each end every Trustor, F
<br />means that each Trustor signing below is responsible for all
<br />a corporation, partnership, limited liability company or similt
<br />the officers, directors, pertners, members, or other agents �
<br />or created in reliance upon the professed exercise of such p
<br />No Waiver by Lender. Lender shall not be deemed to have
<br />writing and signed by Lender. No delay or omission on th
<br />� Trustor undar this Deed of Trust shall be joint and several, and all
<br />d all references to Borrower shall mean each and every Borrower. This
<br />bligations in this Deed of Trust. Where any one or more of the parties is
<br />entity, it is not necessary for Lender to inquira into the powers of any of
<br />ting or purporting to act on the entity's behalf, and any obligations made
<br />vers shall be guaranteed under this Deed of Trust.
<br />raived any rights under this Deed of Trust unless such waiver is given in
<br />part of Lender in exercising eny right shall operate as a waiver of such
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